SALT LAKE COUNTY BAR ASSOCIATION WINTER 2019

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Hello, you’ve reached the Men's Help Line. My nameis Don. How can I help you?

Hi Don, I really need your advice on a seriousproblem. I have suspected forsome time now that my wifehas been cheating on me. Youknow, the usual signs: thephone rings and when I answer,the caller hangs up. Plus, shegoes out with “the girls” a lot. Itry to stay awake to look outfor her when she comes home,but I always fall asleep.

Anyway, last night aroundmidnight, I woke up and shewasn’t home, so I hid in thegarage behind my boat andwaited for her. When she camehome, she got out of someoneelse’s car, buttoning her blouse,and then she leaned in andkissed the driver, long and hard,just like she and I used to kissback when we were dating. Itwas at that moment, whilecrouched behind the boat, that I noticed a hairlinecrack in the outboard motor mounting bracket. Isthat something I can weld, or do I need to replace thewhole bracket?

A crack in an outboard motor mounting bracket is quiteserious. Good thing Don’s caller didn’t stay in bed and,instead, got engaged.

As lawyers, engagement is our stock and trade. Clients hireus to deal with their problems, and while doing so, wefrequently discover other matters that need attention.

It’s a situation familiar to parents. My son was havingtrouble with his school work, and when Yvonne and Iinvestigated the matter, we found out that he’s near-sighted

and needs glasses to see the chalk board. (That doesn’tmean he actually wears his glasses in class. Apparently,seeing the chalk board isn’t as important as looking “cool.”

Maybe we shouldn’t have picked outhis frames from the Carol ChanningCollection.)

Without engagement, we’re unableto see what’s under the surface. Andwhat’s there isn’t always a problem.You can find inspiration as well.The SLCBA is a prime example.Engagement with the SLCBA andother bar and communityorganizations can be rewarding, asyour fellow SLCBA members alreadyknow.

The enemy of engagement iscynicism, and beyond telling a funnyjoke, that’s the real point of thismessage. Imagine if Don’s caller hadbeen silenced by the notion that thecards were stacked against him andanything he tried would beineffectual. His boat would be adisaster waiting to happen.

We should resist the urge to be cynical, and that meansavoiding sore loserism. Today, we see some politiciansblame their defeats, or preemptively bewail possibleoutcomes, on “rigged” elections, dishonest tactics, orignorant, incompetent, or “activist” voters, officials, andjudges. Lamentably, it seems that this has become astandard tactic. Gracious concession is no longer generallyexpected and, when withheld, universally condemned. Butthe tactic is effective only to the extent that it erodesconfidence in institutions, which makes a mockery of thoseengaged with them.

President’s Message b y C h r i s t o p h e r H o g l eS a l t L a k e C o u n t y B a r P r e s i d e n t

C h r i s t o p h e r H o g l e

As lawyers, we need to set a good example. We’re uniquelysituated to chalk up disputes to good faith disagreementsand defeats to judges and jurors doing their level best toreach the right outcomes. If we impugn the motives ofopponents and decision-makers, we call into question theintegrity of the institutions in which they operate. If wetruly value inclusion, we need to resist cynicism. Whyshould anyone waste their time with institutions where thecards are stacked against them, or engage honestly whenothers don’t?

Cynicism runs counter to inclusivity by discouraginguniversal participation. Rather than sore loserism, weought to encourage widespread engagement and the goodthat comes from it.

Just like late night boat inspections. Clients hire us todeal with theirproblems, andwhile doing so,we frequentlydiscover othermatters that

need attention.

President’s Message C o n t i n u e d

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By Melanie S. Grayson

Appointed by Governor Herbert in November 2017, JudgeAmber M. Mettler is a Third District judge based at theMatheson Courthouse. Judge Mettler hails fromPennsylvania, having spent most of her life on the east coastuntil a federal clerkship brought her to Utah in the early2000s. She attended Princeton University, earning a B.A. inPolitics in 1999 and then attended law school at theUniversity of Pennsylvania. Judge Mettler always knew shewanted to go to law school; growing up, she viewed beingan attorney as the epitome of success and job security.Before law school, she worked for two years in finance inBoston. This work experience was a real benefit to her inlaw school, because she knew right awaythat she wanted to pursue litigation andbecause she had some real world experiencethat other students lacked.

After law school, Judge Mettler wanted toclerk for a federal appellate judge. Initially,she hoped to secure a clerkship with ajudge that might one day feed into aclerkship with a United States SupremeCourt justice. She was selected for aninterview with then Judge John Roberts,but claims she botched the interview.Eventually, she realized that she was just aslikely to “get struck by lightning” as to geta feeder clerkship, and so, she beganthinking about a “destination clerkship.”Once Judge Mettler realized how accessiblethe skiing is in Salt Lake City, she set hersights on Salt Lake. She was very fortunateto secure a clerkship with Judge Michael R. Murphy on theTenth Circuit Court of Appeals. While living in Utah andclerking for Judge Murphy, she skied as much as she couldand had what she described as a “perfect” year.

Following the clerkship, Judge Mettler returned to the EastCoast and the law firm of Williams & Connolly inWashington, D.C. She worked there for a year, but quicklydetermined to return to Salt Lake City. She returned in2006, where she bought a home, got a puppy, and studiedfor the Utah bar exam. Once back in the Beehive State,Judge Mettler joined the regional law firm of Snell &Wilmer.

At Snell, Judge Mettler worked in litigation, becominginvolved in some of the firm’s bigger cases. She also had theopportunity to do appellate work while working at Snell.She enjoyed the big cases, with lots of discovery anddocuments, which enabled her to learn the facts of the casethrough the discovery process. Snell offered excellenttraining, great people, and great cases. She did not givemuch thought to becoming a judge, until two otherpartners in her office were made judges. She decided toapply and was nominated by Governor Herbert after hersecond attempt.

Judge Mettler has a criminal calendar, which she admits sheprobably would not have picked if given the choice. But,

she embraced the dual challenges ofbecoming a judge and learning the criminalsystem. After she was confirmed by theLegislature and before she took the bench,she spent six weeks reading the criminalcode and rules of criminal procedure; shespoke with judges with criminal calendarsand observed court as much as she could.Even now, after a year on the bench, JudgeMettler is candid with attorneys appearingbefore her, acknowledging that she is stilllearning.

She has been most surprised by the sheervolume of the court’s calendar. Sheexplained that her court calendar is fullybooked for more than three months. Shehas had to adjust to the fast pace andbecome as efficient as possible in her courtroom and in her learning process. Judge

Mettler has a few tips for practitioners, too. She stressed theneed to be on time. She also stressed the importance ofcommunicating with the court when adjustments need tobe made to scheduled events. She advised contacting thecourt as soon as a practitioner knows that a motion neednot be heard or that a hearing should be continued.Otherwise, the judge is likely to waste time now preparingfor a hearing that will only be continued and for which thejudge will have to prepare again at a later date.

When asked about the most rewarding part of being ajudge, Judge Mettler explained that she understands theimpact she and the courts have on someone’s life.

Judicial Profile J u d g e A m b e r M . M e t t l e r

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J u d g e A m b e r M .M e t t l e r

She is frequently asked whether it is depressing to have acriminal calendar. Judge Mettler’s time on the bench hasactually made her think more positively about life, howhard people are trying to do good and right in their lives,and how fortunate many of us are.

In her spare time, Judge Mettler serves on the UtahSupreme Court’s Advisory Committee on the Rules of CivilProcedure, remains involved in the Federal Bar Association,and enjoys skiing at Alta.

Staying calmand being

responsive is themost effective

way to advocatefor your clientduring oralarguments.

Judicial Profile C o n t i n u e d

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By Michael Young

Judge Adam Mow recently firmly believes that every personshould have his or her day in court. For this Third JudicialDistrict Judge this means that everyone who appears in hiscourtroom is treated with fairness and dignity. Judge Mowis sensitive to the fact that many who appear in hiscourtroom can feel intimidated if they are not an attorney.

This philosophy might be explained, in part, by thecalendar Judge Mow was asked to manage. Prior to movingto the bench, Judge Mow was a civil litigator that focusedon construction and complex commercial matters. As a newJudge, Mow manages a predominantly criminal calendar,which has brought its own challenges.

“I began with a criminal calendar, which isabout 80% criminal and 20% civil,” Mownotes. “Becoming knowledgeable oncriminal procedure [and] case law has beenchallenging. That said, I very much enjoyhandling criminal matters and I cannotimagine ever transitioning to a purely civilcalendar.”

Judge Mow graduated magna cum laudewith a Bachelor of Architecture from BallState University in Muncie, Indiana in1999. He obtained a Juris Doctor from theS.J. Quinney College of Law at theUniversity of Utah in 2005, where he wasa William H. Leary Scholar and theExecutive Editor of the Utah Law Review.

After graduating from law school, JudgeMow was an attorney at the law firm ofBabcock Scott & Babcock until 2011. From 2011 to hisjudicial appointment, Judge Mow was a shareholder atJones Waldo Holbrook & McDonough, where he alsoserved on its Board of Directors. He is a former architectand a past president of the Utah Chapter of the AmericanInstitute of Architects.

Prior to joining the bench, the S.J. Quinney College of Lawgraduate was often hired as a mediator or arbitrator.Working as a neutral party helped prepare Judge mow forhis role today. “Those opportunities allowed me to be inthe role of a neutral—listening carefully, cutting to theheart of an issue, and evaluating a suitable outcome.” JudgeMow received Utah Dispute Resolution's mediator of theyear award and he served on its Board of Trustees.

He is also a past chair of the Dispute Resolution Section ofthe Utah State Bar.

At the end of the day, Judge Mow enjoys interacting withplayers in the courtroom. The interplay betweendefendants, counsel, staff, and others is interesting as eachhas a role to play and the personalities of each can affect thecourtroom dynamic. Each day brings variation, “[o]nemoment I may be handling an uncontested adoption andthe next I may be determining whether to grant adefendant the privilege of probation.”

Judge Adam T. Mow was appointed to the Third DistrictCourt in January 2018 by Governor Gary R. Herbert. Heserves Salt Lake, Summit, and Tooele counties.

Judicial Profile J u d g e A d a m M o w

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J u d g e A d a mM o w

By Melanie S. Grayson

In April of 2018, Governor Herbert appointed Judge RichardE. Mrazik to the Third District Court. Prior to hisappointment to the bench, Judge Mrazik worked in privatepractice for Salt Lake City-based Parsons Behle & Latimer.Born and raised in Connecticut, Judge Mrazik attendedBowdoin College in Brunswick, Maine where he majored inbiology and sociology. After graduating from Bowdoin in1999, Salt Lake City’s Fourth Street Clinic brought him toUtah, where he worked as an AmeriCorps volunteer. Once inUtah, Judge Mrazik discovered Alta Ski Area and neverlooked back. He called his mother, still living on the eastcoast, and told her ”it’ll be a while” before he came home.Nearly two decades later, Judge Mrazik isproud to call Utah home.

Judge Mrazik originally intended to go tomedical school. While working as anAmeriCorps volunteer, however, he watchedpatrons of the Fourth Street Clinic come insick and homeless, leave a little less sick, andthen return—sick again and still homeless.Judge Mrazik knew in that moment thatmedicine was not the answer for him. Hebegan thinking about the bigger toolsneeded to solve the problems ofhomelessness. This experience promptedhim to go to law school.

Although he had opportunities to go to lawschool on the east coast, Judge Mrazikchose to stay in Utah and attend the S. J.Quinney College of Law. After graduatingfrom law school in 2005, Mrazik decided topursue litigation in private practice. He worked for a coupleof local firms before finding a home at Parsons Behle &Latimer in 2007.

At Parsons, Judge Mrazik pursued a diverse civil practice,representing both plaintiffs and defendants in personalinjury, product liability, and real property matters, and alsorepresenting the Town of Alta. Notwithstanding the rewardsof a diverse litigation practice and his bond to his adoptedfamily at Parsons, as the years passed, Judge Mrazik longed toreturn to public service.

So, he began applying for a district court position, ultimatelybeing appointed to fill the vacancy left by Justice PaigePeterson’s elevation to the Utah Supreme Court. WhenMrazik was confirmed, he brought his 4-year old son to the

Legislature to witness—and participate shyly—in theimportant occasion.

Judge Mrazik has a calendar consisting primarily of civilcases. Faced with myriad subject areas that he neverencountered in private practice, Judge Mrazik reserves timein his schedule to educate himself while preparing forhearings. Judge Mrazik’s goal is to be prepared to provide acogent oral ruling from the bench. But he acknowledges thatsome cases are too complicated to allow a ruling on the dayof the hearing, and sometimes issues arise at the hearing thatrequire additional consideration. Judge Mrazik observed thatoral argument has been a surprisingly valuable part of hisdecision-making process.

Judge Mrazik also observed that the mostchallenging part of the job is makingdecisions that will have a real impact on theparties, such as in child custody disputes. Heworks hard to avoid treating routine mattersas routine, knowing that seemingly minorissues are often a harrowing experience forthe parties. According to Judge Mrazik, themost rewarding part of his job is helping at-risk members of our community, such astransgender people seeking changes to theirname and gender marker. He explained that,because these populations feel marginalizedby many of the institutions in ourcommunity, it is incredibly rewarding tomake the district court an institution theycan trust and feel safe in.

Despite his relatively short time on thebench thus far, Judge Mrazik can already

identify practice pointers for attorneys that appear beforehim. He encourages practitioners to avoid overstating howsettled the law is in a particular area. If the law is unsettled,attorneys should point this out, and then explain why heshould follow one line of cases over another. When a briefoverstates the law, or the strength of a party’s position ingeneral, Judge Mrazik explains, it calls into question whetherthe brief should be viewed as trustworthy. He also prefersthat practitioners provide citations, even if in a footnote, tokey statutes governing a particular issue.

Judge Mrazik is married and has one four-year old son. Hiswife works as an account executive at a marketing agency. Asa family, they enjoy skiing, biking, fishing, and being outsidein Utah with their adopted dog Annie.

Judicial Profile J u d g e R i c h a r d E . M r a z i k

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J u d g e R i c h a r dE . M r a z i k

By: Kristen Olsen

By my count, Jacey Skinner—former general counsel toGovernor Herbert and newly minted Ballard Spahrattorney—is only one degree away from Kevin Bacon. Ilearned, during my interview with Skinner last month, thatshe grew up in Payson, Utah where the major motionpicture Footloose was filmed—at the same time thatFootloose was filmed. While Skinner does not appear inthe film, her fellow Paysonites were extras.

Perhaps motivated by Kevin Bacon’s dance moves, as ateenager, Skinner worked as a dance teacher for young girlsin Payson. Fortunately, no laws were broken.

She also worked at a craft store, sortedcherries in the summer, and enjoyedreading stories of brave and adventurouscharacters in books. “Sacagawea was alwaysa hero of mine and Anne Shirley of Anneof Green Gables was the voice in myhead—and still is if I’m being honest,” shelaughed. From a very young age, Skinnerwanted to be an astronaut and aerospaceengineer when she grew up. When she was15 years old, Skinner was accepted to theSpace Academy at NASA’s Goddard SpaceCenter in Birmingham, Alabama. It was apivotal experience in her life, andafterwards, she went on to briefly studyengineering at Utah State University.

In her first year of college, she came to therealization that her interest in policy workwas stronger than her interest inengineering. “When I told my Dad that I was going tochange my major from engineering to political science, hemade me promise to go to law school.” Skinner explained.She kept that promise and attended the J. Reuben ClarkLaw School at Brigham Young University. “I really enjoyedlaw school,” Skinner said, “Many of my best friends arefrom my law school class.” During law school, Skinner wasthe Chair of the Trial Advocacy Team, a member of themoot court team, and she worked at the career servicescenter during her second and third years of law school.Not surprisingly, upon graduation, she received an awardfor Significant Contributions to the Law School.

“I didn’t originally plan to practice law, I just knew a lawdegree would be a good background for the policy workthat I wanted to do,” she said. In law school, however,

Skinner discovered she enjoyed trial work. Upongraduation, she landed a job at the Salt Lake CountyDistrict Attorney’s office. Skinner remembers, “I didn’treally have any expectations about becoming a lawyer, so Ididn’t know what to expect—almost everything has been apleasant surprise.” She learned a lot working at the D.A.’soffice. After prosecuting in juvenile court, for example, shesaid she realized how difficult it can be for children whoface disadvantages and challenges. Overall, she said sheappreciated “the opportunity to argue motions and trycases, and the opportunity to support law enforcement.”

Since leaving the D.A.’s office, Skinner has had a variedcareer in policy-related positions. She worked as the

Director of the Sentencing Commissionwhere, she said, she got to help bring aboutmany significant changes and reforms insentencing policies for juveniles. “Thework of the Commission in these areas,”Skinner explained, “is one of the thingsthat I am most proud of in my career.”

Her most high-profile position was workingas general counsel to Governor Herbert.She said it was an honor to work for theGovernor and Lieutenant Governor forfour years. “Public service is alwaysrewarding, but it is especially so when youhave the opportunity to work with peoplewho really want to do the right things forthe right reason,” she said. “It was such anhonor to get to advise a Governor thatwanted to get things right.” Skinner saidshe was especially impressed with

Governor Herbert’s dedication to understanding issues, hiscareful approach to decision making, and his commitmentto getting things right in all instances.

As his counsel, Skinner explained that her job oftenentailed delivering difficult or unwanted news to theGovernor or to work through very difficult and high stakesissues on his behalf. She said, “I always knew he wouldback me up, even in the most difficult situations—he stilldoes.”

When Skinner retired as his counsel in December of 2017,Governor Herbert tweeted, “Grateful to Jacey Skinner forher brilliance and hard work in serving my administrationfor the past four years.”

Practitioner Profile J a c e y S k i n n e r

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J a c e y S k i n n e r

While working as general counsel for the Governor, Skinneralso developed a better appreciation for the judicialnominating process. She explained, “It was particularlyrewarding to observe [Governor Herbert’s] dedication tothe appointment process. He was committed, above all, toappointing the best person for the job in every instance.”She feels that his commitment to the process has resulted inincreasing qualified applicants to Utah’s judiciary. She saidit is a state court bench “we can all be very proud of.”

Throughout her legal career, Skinner said she has been veryfortunate to have had incredible legal mentors, from JudgeSteven Hansen at the Fourth District Court to Robert Stottand Paul Boyden at the DA’s office, to Judge Robert Yeates.She said she also very much appreciatesJustice John Pearce who she had the“unenviable and impossible task ofreplacing as the Governor’s Counsel.” Sheis also grateful for the support and examplesof Judge Fred Voros, Judge Linda Jones,Judge Susan Eisenman, and David Jordan.“I have been so fortunate to work with somany exceptional people, I really could goon and on in answering this question,” shesaid.

Most recently, Skinner worked as theDeputy State Court Administrator for theState of Utah where she facilitated policydevelopment and managed relations withthe state legislature, executive branchagencies, and the judiciary. Skinner isexcited to join Ballard Spahr in private practice starting inJanuary 2019. Her practice will focus on governmentrelations, regulatory affairs, and political and election law.

Skinner explained that her commitment to policy work andfighting injustice is unchanged. In addition to privatepractice, Skinner volunteers at the Homeless YouthResource Center and she serves on the board of the UtahCenter for Legal Inclusion. She said, “I’ve always beenproud to help remove injustice where I can—whether it isprotecting civil liberties or healthy workplaces, I am gratefulto be in a position to help correct imbalances and provideprotection where it is needed.”

“Public service isalways rewarding,but it is especially sowhen you have theopportunity to workwith people who

really want to do theright things for theright reason,”

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Dear Justice Tongue,

I hope this letter finds you well. More importantly, I hope this letter finds you in! Your clerks are brilliantbut I want you to field this question. The question is this: why does it take so damn long to get a case to trial?All the new rules in the world, along with the courts’ threats to be tough on lawyers who violate them orotherwise drag their feet and obstruct, have had little effect. Threats don’t work. What we need is sound policy,and there isn’t much of that, and what we have isn’t enforced. What is the answer, dear Justice Tongue? What isthe answer?

Signed,

Delay Deny

Dear “Delay,”

Your letter, more than most, has me wishing I had settled in on a longer retreat. This question has been asked over andover, ad nauseam. There is a reason for that. The reason is that no one has offered anything approaching satisfactory answers.And not surprisingly, the fault for that is spread across the board, and everyone asking the question is, undoubtedly, one of thosewho bears some of the fault. By the way, I did not see a single suggestion in your letter. In truth, it is not the most difficultquestion mankind faces.

Let us start with fundamentals. We know that most cases ultimately settle. Everybody mourns the vanishing jury trial(including this Justice); sadly, it is a modern reality. That said, I have observed that cases usually settle when both parties aresatisfied they have leveled the field of information, and/or the matter has reached the point of disposition, namely summaryjudgment or trial. That is when someone other than the parties, namely, judge or jury, will soon decide who gets what, ifanything. The larger goal, then, should be to compel the matter to that juncture.

Well, you might ask, by what magic can we conjure up to compel the kind of cooperation in discovery that avoids endlessmotion practice and interminable delays on the way to the courthouse? I do not believe in magical thinking, and frankly there hasbeen too much talk on this subject and too little action. Therefore, no use unduly expanding the volumes of ignored blather.What I will do is explain what we did, to good effect, when serving on the trial bench. Two fundamental strategies wereemployed. First, we mandated prompt and full disclosure by both sides. What was not disclosed timely was excluded and anyparty required to produce documents pursuant to motion (which motions we heard on an expedited schedule), paid the fullfreight for the cost of bringing on the motion. The payment of those fees was not delayed until resolution of the case in chief, andthe fees were not paid back, irrespective of which party ultimately prevailed. Second, we held early pretrial conferences withintense grilling of both parties concerning the matters at issue. A schedule for discovery was set and, most importantly, a trial datewas set. We held that trial date, absent certified notes from an ICU or a morgue.

Our system was tested six or seven times when parties sought temporary restraining orders and wisely opted for anexpedited trial on the merits instead of just an expedited evidentiary hearing on the preliminary injunction. In those instances,expedited disclosure of material documents and other relevant evidence was mandated with a severely limited discovery (usuallytwo or three depositions) and a trial on the merits, that was completed within a few months of the filing of the action.Comparing those results, to trial results in similar cases after years of discovery, convinced our chambers that less is more. Thisprocedure focused attention to the core issues and the main players. The few determinative documents provided the trier of fact(in this case, the bench) with ample evidence with which to arrive at a just result.

In fact, we also studied the results of evidentiary hearings associated with an application for preliminary injunction, andthe ultimate jury trial results. The court’s determination on the preliminary injunction correlated, stunningly, with the jury’sverdict.

Justice Tongue T h e M o s t E f f e c t i v e A r g u m e n t

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My sense is that if the lawyers cannot express self-discipline, it should be imposed. There is no reason for this process tobog down. If lawsuits are filed, whoever filed them should know the reason, and what information they need. Full, voluntarydisclosure is required by the rules and that should happen promptly.

As Pogo put it, “We have met the enemy and he is us.”

I’m just saying.

Fondly,

Justice Tongue

Justice Tongue T h e M o s t E f f e c t i v e A r g u m e n t

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By: Julie M. Emery

On November 18, 2015 the Supreme Court Task Force toExamine Limited Legal Licensing (“Task Force”) identifiedgaps in access to justice in Utah in three areas - family law,debt collection, and eviction. These three areas contain thehighest concentration of self-represented parties in the stateof Utah. Utah’s 2017 court records show 56% of petitionersand 69% of respondents were self-represented in family lawmatters. Respondents in debt collection and eviction mattersare largely self-represented – 98% and 95%, respectively,while nearly all petitioners had legal representation. As onesolution to support access to justice the Utah Supreme Courtaccepted the Task Force’s recommendation to create a limitedlegal license to help fill the gaps in access to justice in thefollowing areas:

• Specific family law matters, such as temporaryseparation, divorce, parentage, cohabitant abuse, civilstalking, custody and support, or name change;

• Debt collection matters in which the dollar amount atissue does not exceed the statutory limit for smallclaims cases; and

• Forcible entry and unlawful detainer.

A steering committee was formed to identify and affect thedetails necessary for making Utah’s Licensed ParalegalPractitioner (“LPP”) profession a reality. The LPP SteeringCommittee created subcommittees to complete tasks relatedto education, admissions and administration, andprofessional conduct and discipline. Since February 2016the LPP Steering Committee has met regularly to review anddiscuss work completed by the subcommittees. Committeemembers spent countless hours thoughtfully developingcriteria and drafting rules, all of which were subject toapproval by the Utah Supreme Court and the JudicialCouncil. The rules governing Licensed ParalegalPractitioners went into effect on November 1, 2018.

What is the scope of the LPP practice?

Rule 14-801 of the Rules Governing the Utah State Barcontains an exception that authorizes LPPs to practice law inthe area(s) in which they are licensed. The narrow scope ofLPP’s practice is based on the use of court-approved forms.If there is a court-approved form related to the client’s needs,the LPP can assist the client.

Within the limits of Rule 14-802 the LPP may enter into acontractual relationship with an individual to provide legalservices, interview the client, review documents of another

individual and explain those documents to the client, reviewa court’s order and explain the order to the client, selectappropriate court-approved forms, advise the client about theforms, gather facts and information related to the completionof the forms, sign, file and serve the forms, communicatewith an opposing lawyer on behalf of the client, advocate forthe client in mediation, and assist with settlement of claims,including completing a settlement agreement form.

The following fictional scenario illustrates how an LPP canassist a client.

Facts:

Client initiates divorce proceedings against his wife.Emotions run high, the parties are unable to communicateeffectively, and several mediation attempts fail. As a result,over the span of 12 months both parties incur extraordinarylegal fees. Temporary orders are in place specifyingobligations for child support and alimony. Client hires anexpert witness to determine the value of client’s soleproprietorship, which is a major point of contention in theproceedings. Client’s lawyer moves to Colorado and providesclient with a referral to another lawyer and tells him aboutthe new LPP profession. The parties, now being morereasonable, meet and negotiate a settlement. Client meetswith an LPP seeking help to complete the divorce case.

Client: Can you help write up our settlement agreement?

LPP: Yes. Rule 14-802(c)(1)(C) allows "interviewing theclient to understand the client’s objectives and obtaining factsrelevant to achieving that objective" and Rule 14-802(c)(1)(J) permits "filling in, signing, filing andcompleting service of a written settlement agreement form inconformity with the negotiated agreement."

Client: My wife and I did not discuss the portion in thetemporary orders dealing with the “right of first refusal."Can you explain what that means and clarify how it affectsme?

LPP: Yes. Rule 14-802(c)(1)(L) allows "explaining a courtorder that affects the client’s rights and obligations." TheLPP may advise the client about the meaning of right of firstrefusal.

Client: My wife agreed to give me half of her retirementaccount. We discussed this option during one of ourmediations and my lawyer told me I would need to obtain aqualified domestic relations order (“QDRO”). Can you helpme get that done?

Dicta U t a h ’ s L i c e n s e d P a r a l e g a l P r a c t i t i o n e r s– W h a t L a w y e r s N e e d t o K n o w

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LPP: No. QDRO work must be referred to a lawyer.There is not a Utah court-approved form associated withQDRO, which is a complicated process based on tax law.

Client: I have a few questions about my company. 1) Willyou please call my expert witness and ask if she needs moreinformation, and see when she can get the report finished?2) I am willing to pay you 10% of the value of my companyif you can make sure my wife doesn’t get additional alimony;and 3) Are you willing to also represent my company andadvise me about how to restructure after the divorce is final?

LPP: 1) Yes. 14-802(c)(1)(K) allows "communicatingwith another party or the party’s representative regarding therelevant form and matters reasonably related thereto." 2)No. Contingent fee contracts are forbidden pursuant to LPPRule of Professional Conduct 1.5(f ). 3) No. This requestmust be referred to a lawyer. LPPs are not permitted torepresent corporations. Additionally, giving legal advice oncorporate matters does not fall within the three LPP practiceareas.

The most important aspect of the LPP’s practice is to knowand communicate to the client the boundaries of the scope ofpractice and when a lawyer must be engaged.

How will LPPs impact lawyers?

When the LPP program was first introduced many lawyersexpressed concern about losing clients to newly licensedLPPs. Over the past two years I have heard this question lessfrequently. The LPP profession is a market-based approachto help provide access to justice to unrepresented parties.The Task Force identified the potential LPP market asindividuals who do not, for whatever reason, call uponlawyers. There are many ways the LPP profession will alsobenefit lawyers, including:

• LPPs will refer clients who would not otherwise call alawyer;

• LPPs will provide a new source of revenue for lawfirms that hire LPPs or establish an LPP group;

• LPPs will serve markets in rural areas that are notcurrently viable for law firms;

• Lawyers will communicate with an LPP in lieu of anopposing pro se party; and

• Lawyers will have access to the updated court-approvedLPP forms.

Will LPPs be qualified to provide limited legal advice?

The LPP Steering Committee established high standards forqualifying applicants. Each applicant must meet certaineducational requirements. Applicants who do not have a lawdegree must also obtain a national certification and haveexperience working as a paralegal under the supervision of alicensed lawyer or LPP. Applicants must also receiveadditional training through online courses offered by UtahValley University. The courses include ethics, family law,debt collection, and eviction. Each course was deliberatelydeveloped to teach the scope of the LPP practice in additionto the subject matter for each practice area. See Rule 15-703of the Utah Supreme Court Rules of Professional Practice fora complete explanation of the requirements.

When will the first LPPs be licensed in Utah?

The Bar is currently working with a professional testingcompany and Utah practice-area experts to craft the licensureexams. We anticipate that the required courses will beavailable online through Utah Valley University in the springand the exams will be offered near the end of the summer2019. We expect to see the first licensed practitioners inUtah by the end of 2019. The Utah Supreme Court isworking on an informational website for the LPP program tomake the rules, timeline, and announcements available to thepublic.

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C o n t i n u e d

By Dani N. Cepernich

On October 10, World Homelessness Day, the Volunteersof America (the VOA) Homeless Youth Resource Centerlocated in Salt Lake City hosted the second annualhomeless youth prom. The prom is the brainchild of KateConyers, who previously served as the co-chair of the UtahYoung Lawyers Division Cinderella Boutique (among themany other positions she holds and has held with variousorganizations within the Bar).

The Cinderella Boutique collected donated prom dressesand made them available to low-income high schoolstudents through various “boutiques” held on campus toenable the students to attend prom. Over time, and afterabout eight years of hosting the project, the need for thesedresses diminished and was filled by another organization,Celebrate Everyday. At this time, a new idea began to takehold with Kate, who was not quite ready to see theCinderella Boutique end and wanted to continue providingservices to low-income youth through YLD.

Kate had recently begun volunteering at the HomelessYouth Resource Center as part of the VOA and YLDHomeless Youth Legal Clinic, where she had theopportunity to get to know several of the youth whoutilized the Center. Many of the youth, defined as thoseages fifteen to twenty-two, either would not able to attendtheir school prom or had not been able to do so while inschool. Kate saw a perfect way to continue the legacy ofthe Cinderella Boutique and for YLD to make a differencefor a different population. Plus, as anyone who knows Katecan attest, she will never turn down the opportunity tothrow a great party!

In 2017, Kate approached the VOA about the possibility ofhosting a prom, and it immediately gained traction. Shelater invited Celebrate Everyday to provide support anddresses for the prom. Celebrate Everyday fortunately foundHeather Chadwick, owner of Belle of the Ball, who hasnumerous contacts in the wedding industry, includingcaterers, decorators, event rental companies, and otherevent planning support. Together, these entities,coordinated by Kate, hosted Utah’s first homeless youthprom.

The inaugural prom, an “Autumn Masquerade Ball,” was ahuge success. More than fifty youth attended. It wasimmediately clear that this would not be a one-time event.By spring 2018, a second prom was already on the calendarfor the fall.

Planning for the prom began in earnest approximately sixweeks before the event, when the “Prom Committee” wasformed. The committee included representatives from theVOA, YLD, Celebrate Everyday, Kate, Heather Chadwick,and several youth from the YRC. Together, as with lastyear, these entities and individuals organized a full-serviceprom for the youth.

In the days leading up to the prom, youth could attend aprom “boutique” at the Homeless Youth Resource Center,where they could peruse the formal wear and jewelry thathad been donated for the event. The youth tried on andreserved the dresses or suits of their choice. On the day ofthe prom, the youth were able to pick up their reservedoutfits and get ready at the Center, where hair and makeupservices were available at no cost. The prom kicked offwith dancing, during which appetizers were served, and wascomplete with a photo booth outside. Volunteers,primarily from the legal community, later served a formalthree-course catered dinner.

Again, more than fifty youth attended the prom. Manyexpressed their gratitude for the opportunity to partake in asymbolic teenage experience that “typical kids” get to have,but they felt they never would. One of the youth dedicatedthe prom to “all of those who are homeless, or have been;those in recovery; and those that have passed.” He closedhis dedication with, “Love you all and have a good night.Have fun!” A particular high point during the evening wasa marriage proposal that occurred on the dance floor withthe assistance of the DJ as the two youths’ friendssurrounded them. (She said yes!)

In addition to the excitement and fun of attending afabulous prom, the youth had the opportunity to interactwith members of the Salt Lake legal community, includingjudges such as Judge Michele Christiansen Forrester (UtahCourt of Appeals) and Judge Laura Scott (Third DistrictCourt), and practitioners such as City Councilwoman AmyFowler and Laurie Abbott, the YLD chair of the HomelessYouth Legal Clinic. The prom would not be possiblewithout these individuals and the many others whovolunteered their time prior to and on the night of theprom; the VOA, which provided immense support inaddition to the amazing venue; YLD, which providedfinancial support, spearheaded a suit drive, and coordinatedvolunteers; Celebrate Everyday, which provided supportand made dresses available to the youth; Belle of the Ball,which assisted with absolutely everything, including hairand makeup, decorations, and lighting; and, of course,

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Kate, the prom’s original mastermind.

We look forward to seeing what is in store for next year,and encourage all members of the Salt Lake County Bar tovolunteer or contribute to the 2019 prom in one form oranother!

For more information about the VOA Homeless YouthResource Center, please visithttps://www.voaut.org/homeless-teen-services. Additionalinformation about the Homeless Youth Legal Clinic can befound at https://www.voaut.org/pdf_files/hylc. And, forinformation on how to get involved with the 2019homeless youth prom, contact Kate Conyers atkate@conyersnix.com.

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On October 25, 2018, the Salt Lake County Bar Association(SLCBA) hosted its annual New Lawyers and JudgesReception at Pierpont Place. Over 150 attorneys and judgesattended the event. Also in attendance were eight studentsfrom West High School, representing the WHS Mock TrialTeam (Team). The students were at the event as part of ajoint effort by SLCBA and Utah Center for Legal Inclusion(UCLI) to help the team fundraise money needed so theycould participate in an invitation-only, international mocktrial competition in New York City weeks later. Thatevening, the Team presented to the packed room of attorneysabout the competition and offered personal statements. Theonce-rowdy room calmed as the students explained that theyreceive no school credit for being on the Team and no schoolfunding. The students also provided personal statements andlisted their other school involvements: All of the studentsparticipate in the InternationalBaccalaureate (IB) Program, a veryintense program, as well as manyother extracurricular activitiesincluding student body government,debate team, martial arts, and swimteam. Everyone was so impressed thatthe night’s silent auction and directdonations netted the team almost$3,500!

The West High Mock Trial Team is agroup of eleven students. Last year,the Team was the first Utah mock trial team invited toparticipate in the Empire Mock Trial Competition in SanFrancisco, CA. The Team did so well that they were invitedto participate in this year’s Empire Mock Trial Competitionin New York City in November 2018 (Competition), wherethey competed with other students from across country andthe globe. To participate, the Team was responsible not onlyfor preparing both sides of the court case, but also raising thefunds necessary to attend, over $25,000. The Team made it apriority to fundraise enough money so that no student hadto pay to participate. As the Team is made up of a diverserange of students, not every teammate was able to financiallycontribute. Thanks in large part to the SLCBA and UCLIand its members, the Team was able to raise all the fundsthey needed!

In addition to fundraising, the Team worked hard to preparefor the Competition. They started working on the case whenit was released in early July, 2018. They prepared both sidesof a criminal case, using twenty-seven exhibits, over one

hundred pages of witness affidavits, rules, pleadings, case law,and other materials. The Team prepared openings, closings,witness examinations (directs and crosses), and motionarguments. At competition, the Team would present at leastsix trials (each three hours long with two trials each day).

The Team did well at the Competition and it is likely theywill be invited back to participate in Empire Mock TrialCompetition in the future. Each of the students put togethera personal statement for fundraising purposes which isfollowed by a short reflection they wrote following theCompetition.

Student Statements:

Marleigh Anderson (Senior) - This year I am one of the co-captains of the West High Mock Trial Team. I have two

learning disabilities: dyslexia andauditory processing disorder. Thesedisabilities made it difficult to succeedin school and the InternationalBaccalaureate program, which is ahighly competitive and academicallychallenging. Through myparticipation in Mock Trial, I havebeen able to boost my confidence asan individual in and out of thecourtroom....I love Mock Trial andwant to be a future attorney becauseof my amazing experiences in this

program and my team.

Post Competition: I loved how Lizzie and I were able to leadthe team towards success. We finally got to see the results ofmonths of practice. I loved feeling confident in ourpresentation of the case when facing other teams.

Elizabeth "Lizzie" Peterson (Senior) - This year I have hadthe honor as serving as a co-captain for the Utah Statecompetition and now for the Empire New York competition.I’ve been competing as a mock attorney for three years andhave gone to two international competitions already: EmpireSan Francisco 2017 and Gladiator 1-1 2018...I admire MockTrial because of the speaking and strategizing skills I havedeveloped and will continue to develop. I love thestrategizing and how similar it is to real trial work. I amconstantly inspired and supported by our coaches, Ed Walland Sadé Turner, and look up to them as mentors. I enjoybeing part of an amazing team that I’m grateful to call myfriends. I’m proud to be Asian American- my dad grew up inUtah and my mom grew up in Kauai, Hawaii after

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emigrating from the Philippines in the 70s.

Post Competition: Empire brought so many newopportunities— I loved visiting New York for the first timeand defending the importance and necessity of free speech.Even though this was my last year competing at Empire, Ilook forward to volunteering there during college.

Vinay Bandiatmakur (Junior) - My parents are both fromIndia…I love competing in Mock Trial because it serves as away for me to form coherent, logical arguments and helpsme refine my public speaking skills. Because of Mock Trial, Iam able to think quickly on my feet and respond well underpressure. I enjoy the dynamic of having team members whoall push each other to be better, and I admire our coach, Ed,who always guides us to be the best that we can be.

Post Competition: My favorite partabout Empire was going up againstthe best teams in the world. I enjoyedthe competition and learned so muchfrom it and through that I was able tobetter myself.

Alfredo Barrera (Senior) - My familymoved to Utah from California aboutfour years ago. My parents areoriginally from Guerrero, México. Irecently got elected as the StudentBody President at West. I like tovolunteer in community service, oneof them being Salt Lake Peer Court. I am the Vice-Presidentof the Peer Court Club at West. I also carry out communityservice work with National Honors Society, a club a West. Ihave been in the swim team at West for two years now, and Iwill continue my Senior year. It is safe to say that myparticipation in Mock Trial is one of the best decisions I’veever made. It has helped me cooperate well with others, thinkcritically, and understand complex situations. Outside of theclub, Mock Trial has provided me with the skills to speak upfor myself and my beliefs.

Post Competition: My favorite part of Empire was usingdifferent types of case law to make an argument before ajudge. This was a totally new experience that helped meunderstand different parts of a trial.

Kenneth Nelson (Senior) - I do Mock Trial, debate, PeerCourt, and history tutoring in my free time. I'm verydedicated to Mock Trial. In fact, I'm staying in Utah toparticipate in Mock Trial, even though my family moved.

Recently, my dad lost his job in Utah and moved toColorado to start a new one. Mock Trial has taught me howto think critically and construct arguments which conveythat thinking. I must think on my feet when composing aclosing statement or when responding to opposing counsel’sobjections, synthesizing legal knowledge and witnessstatements into a coherent defense of my arguments. Becauseof my participation in Mock Trial, I want to become alawyer. The law is the only profession which emphasizes theseanalytical and research skills, which I have found to bepersonally rewarding.

Post Competition: When I practiced my pre-trial oralargument, I asked "does the court have any questions?"[Team Coach Ed Wall] responded: "no." It took me thirtyseconds to realized I should proceed with my argument.

Luckily, I know not to make thatmistake again.

Gideon Gomm (Junior) - West’sextracurriculars represent theopportunity to do well outside of anelite school or institution, especially inactivities like Mock Trial that havetraditionally favored the wealthy. Iparticipate in Debate, Mock Trial andPeer Court in order to gain a heuristicview of the legal system and how Ican help others, specifically thoseoverlooked in the status quo. The

team has given me a unique opportunity to interact andlearn procedures of the legal system in an attempt to havemore influence in my community.

Post Competition: Separately from having the opportunity totravel to New York City for the first time, it was really anincredible experience to be able to meet and compete againstteams coming from all over the world.

Kiyan Banuri (Senior) - As a Muslim Pakistani-American, Ioften face issues regarding xenophobia and Islamophobia. Inorder to compromise my cultural and racial differences, Ihave dedicated my life to become an agent of change withinmy community. Being in Mock Trial has taught me how tocultivate the necessary speaking skills that allow clear, precisecommunication. Additionally, my interest in law has drivenme toward participating Mock Trial, because it allows me tolearn the intricacies of the law, what is needed to become agood speaker, and what it takes to win a trial. Mock Trial hasalso introduced me to a fantastic group of dedicated students

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that appreciate law as much as I do.

Post Competition: Empire was exciting because of theinternational presence. Arguing the federal rules of evidenceagainst an opponent raised across the world makes every trialmore unique and interesting.

Kishan Thambu (Junior) - My parents are from India andalways dreamed of coming to the United States to pursue abetter lifestyle and work. I have developed a passion forMock Trial because of the critical thinking involved that aclassroom or other clubs do not provide as well as thespeaking skills, persuasion skills, and various other skillsbeing tested. All of this is wrapped around the concept ofworking as a team and collaborating with your peers to bestsucceed. I am continually inspired and improving my skillsby not only my fellows peers but also my great coach, EdwillWall. Being a strongly diverse team, I love the strongchemistry and bond that is present in the team that makesMock Trial so much fun and great for me.

As to the Competition, Kishan stated, “My favorite part ofthis trip was being able to explore the city of New York as ateam. Not only that but I also loved competing againstinternationally ranked teams to gain skills in mock trial as ateam and individually.”

Tejita Agarwal - My parents moved here from India and Igrew up in Utah…Being around these outstanding peoplehas been in itself an amazing learning experience. This year Iam a rising junior and I participate in Mock Trial, ModelUN, HOSA: Future Health Professionals, Debate, ScienceFair and play and teach piano…. I originally joined MockTrial for the delicious cookies provided, but I have grown tolove preparing for competitions and trials themselves. I havewatched my team rise up to the challenge of analyzing andsuccessfully trying all the cases we have come across so far,which is an experience that may not have been easy but thatwas definitely worth it. I have amazing team members andcoaches to look up to and I know they have helped me tobecome a better competitor and person. Mock Trial hastaught me how to advocate for myself and others and givenme confidence inside and outside of the courtroom.

After the Competition, Tejita provided, “My favorite part ofthe Empire experience was the facing and hearing ouropponents cases. They showed me a different perspective,and it was exciting to see how our own case stood againsttheirs.”

Andrea Olta Alonso - I’m in the International Baccalaureateprogram at West High School, and I’ll be a senior thisupcoming fall. All of my family is from Spain…Now I live inLayton and go on a thirty minute trip on the front runnertrain every day to do the International Baccalaureate programin Salt Lake City, since education is really critical for me….I've been doing mock trial since eighth grade, and I love thenew perspective I’ve gotten into the law world and the newopportunities I have received from being in Mock Trial. Thisclub has also helped me improve my ability to write and givespeeches. Other than Mock Trial, I also play tennis, and I'ma part of the West High Diversity Board and NationalHonors Society.

As to the Competition, Andrea provided, “One of myfavorite things about Empire was meeting really good teamsfrom around the world. The skills we learned fromcompeting at Empire will really help us in our statecompetition. Another thing I loved about Empire was theteam work and time we spent practicing which brought ourteam a lot closer.”

Ciara Khor-Brogan - I’m in the International Baccalaureateprogram at West High School. I'm sixteen-years-old and halfMalaysian, half Irish. My dad was born in Donegal, Ireland,and my mom was born in Kuala Lumpur, Malaysia… I amcurrently an assistant ski instructor, have joined the studentbody, and take part in the National Honors Society(volunteering). The most important part of my school life,however, has been my participation in Mock Trial. I find itvery captivating and have loved every second of it. My teamhas made it to semifinals three years in a row. By going tothe Empire Mock Trial Competition in New York, we hopeto increase our skill level as a team and win State for WestHigh School in 2019. Mock Trial has opened up theinvaluable opportunity for me to learn about our legal systemand consider going into the legal profession.

As to the Competition, Ciara provided, “My favorite part ofempire was meeting teams from all around the world. It wasso interesting to learn about their mock trial experiences andrealize that they weren't so different from our own.”

Congratulations to the West High Mock Trial Team for itsinvitation to the elite Empire Mock Trial Competition andfor doing such a great job representing Utah! And thank youto all of those SLCBA and UCLI members who donated aspart of the fundraiser held at the SLCBA New Lawyers andJudges Event benefiting the Team!

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Recent Precedents 2 0 1 8 H o l i d a y P a r t y

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You are cordially invited to attend the Salt Lake County BarAssociation’s Annual Holiday Dinner Friday, December 7, 2018The Country Club2400 East Country Club DriveSalt Lake City, Utah

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